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UPDATE: Effingham Board of Elections dismisses Vera Jones challenge

Supporters of Vera Jones at the hearing this morning. (G.G. Rigsby/Effingham Now).

BY G.G. RIGSBY

The Effingham County Board of Elections voted 3-1 Friday to dismiss a challenge against Commissioner Vera Jones’ candidacy for re-election.

Warren Ratchford, attorney for the citizens who filed the challenge, said Monday he isn't sure if an appeal will be filed in Superior Court. He said the challengers, Drew and Jocelyn Brantley, have 10 days to decide if they will appeal.

Jones "has the burden of proof and she never got up there," Ratchford said after the decision. He said during the hearing that the sole question for the board was whether Jones is a holder of public funds.

Drew Brantley said the board didn't listen to the facts and that's frustrating.

Jones said the process was nerve-racking but she expected to be vindicated. She said if the decision is appealed in Superior Court, she'll be able to recover attorneys' fees and the rest of the money the county owes her -- $50,000 for a generator.

"If any county commissioner felt we should have paid the money back, they had an obligation to pursue it, not to wait seven years later and make a political show of it," she said. “I can hold my head high because I’ve done nothing wrong.”

She said the challenge was harassment and an attempt to hijack citizens’ right to vote.

After meeting behind closed doors for an hour with their attorney, the board members voted to grant a motion by Jones’ attorney Steven Scheer to dismiss the challenge.

“As a matter of fact and law there is not public money held illegally or unaccounted for,” he wrote in the motion to dismiss. “The challengers … are attempting to use this forum as a platform for a smear campaign.”

Carla Freels, a Democratic Party appointee to the board, cast the sole vote against. Herb Jones, a Republican Party appointee, recused himself to avoid a conflict of interest, saying he does business with one of the people involved.

Voting to dismiss the challenge were: Tommy Allen, nonpartisan appointee and chairman; Ruth Brown, Democratic Party appointee; and Glenda King, appointed by the Republican Party.

The Brantleys challenged Jones’ candidacy, saying she can't hold public office because she has $740,000 in taxpayers' money.

Jones mistakenly was paid, in 2007, for the total cost of a sewer system at subdivisions she was developing, instead of being paid based on actual sewer impact fees collected.

“I sent them the bill for the whole amount because of what they put us through,” she said Friday.

Former county administrator David Crawley has previously said he estimated that about $200,000 of that was the amount that Jones should have received, based on the impact fees collected.

That left Jones more than $500,000 ahead. Crawley asked Jones to return the overpayment, but she refused.

The challenge states that the check was issued without approval of the commissioners and that Jones knew the check amount was an error.

Scheer said he had an affidavit from former secretary of state Cathy Cox saying the election challenge is without legal merit.

He also said an assistant attorney general, Russ Willard, told board attorney Thomas Cole Thursday that “Ms. Jones is not the type of ‘holder or receiver’ of public monies that is referred to in the code and constitution.”

Ratchford said he has affidavits from six former and one current county commissioner saying the money was given in error and that Jones has refused to return it – Bucky Sapp, Verna Phillips, Jeff Utley, Myra Lewis, Bob Brantley, Dusty Zeigler and Reggie Loper.

Zeigler, former commission chairman, is running against Jones for the District 2 seat.

Ratchford also said Willard does not cite an attorney general’s opinion and used the word “indicated.” “He’s not giving an opinion,” Ratchford said.

Ratchford said he and others in the county have suffered “the wrath of Vera” and are tired of being threatened and blackmailed.

He said Jones has used social media very effectively to cover up the fact that she took money she shouldn’t have.

“The motion to dismiss doesn’t address the issue before this board today,” Ratchford said. “We’re here about her taking a check she was not entitled to.”

Sapp said after the hearing that the check was not approved by the commission and wasn't a budgeted item. "It was not good and she knows it was not," he said.

Scheer said during the hearing, “If you take away the people’s right to vote today, it might be yours tomorrow,” to applause from Jones’ supporters.

Dozens of Jones' supporters filled more than half of the county commission meeting room on Laurel Street in Springfield. Some stood at the back rather than sitting on the side where Ratchford was sitting.

They wore stickers and, while they were outside, held signs reading: "Let the people vote!"

Board chairman Allen admonished audience members for making noise when Ratchford was speaking.